QUESTION

I am an author, and am writing a book in which Peter Pan (J.M. Barrie''s character), makes an appearance; do I need to get permission for this?

Asked on May 18th, 2012 on Intellectual Property - New York
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I can''t seem to find a concrete answer for this question. I will clarify that the Peter Pan I''m using is not Disney''s, but Barrie''s, and, as far as I can find, GOSH has no trademarks, etc, on this character any longer.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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This is a great question. Some literary characters are covered by the law of trademark, but there is no known trademark in Peter Pan covering any literary use. Thus, as  long as your work of authorship is original with you, you may have it include a character in the work with that name.
Answered on May 18th, 2012 at 9:17 PM

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